Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-07
The DRUMMER TAX.
Continued from First Page.

Vi Tie court Will q copy Oh the VIII OF
! hsbess corpus, which embodied the ap
plication therefor, the hearing was de-
/ ferred with the consent of the applicant
and November II, 1887, said Attorney.
General appeared aud claimed that
''the state OF Texas by her At.
torneg General now here in open
party to this cause for the reason that
Involves it: L. The right Of herlaWful Off.
GERS to execute the "a Nful process uuoer
the laws Of the state; 2. That it involves
the constitutionality of one of her laws;
8. That i: sssails her right 10 raise 8 rev.
eDue from 3 lawful source; whereupon he
asks to be permitted to appear and be en-
tered of record here as party 10 this
proceeding" which was accordingly done
and allowed, whereupon the hearing
was proceeded with, R G Stockton ep
pearlDg in person and by his counsel, the
Hon. j Inn NJ Duncan; NJ. o. Meador il
person snd the Hon. james S. HOgg, At
torney- G. neral, in behalf OF the state of
Texas. The proof adduced amply and
fully established the facts set forth in the
petition for 5sbess corpus, and clesrlt
exhibited the fact that the merchants snn
! citizens of states other than Texas, doing
business in Texas through drummers
and selling by samples of goods without
| the state and TO be deliv red therein on
sale, regarded the drummer's tax a.
without warrant Of law and oppressive
and uijast, snd aS opposed to the con-
s1itutiou Of the Uuited States and
the settled decisions thereon by the
| Supreme court of the United S stes
and mad come to the firm determination
| to make resistance thereto by Que course
i law in an appeal TO the courts, anG
which views and determination were like
wise entertained by the drummers them
selves, and r. Q. Stockton, the relstor or
applicant herein, being the first party
aIres1ed, has sued out mis- writ, he b Ia
drummer OF " A Wilson & Co., citi-
zens of Nilsson i, having no goods u
PeXas, and doing business IS citizens OF
Missouri, IN tn state of Texas,
through the agency CT said Stock
ton, in selling by sample their
goods in Miss uri 10 be delivered
in Texas on sale By sample, to citizens of
T KS Or persons residing therein. The
clause of the constitution that the sppl
csnt, STOCKTON, claims to have been viola
ted by any state law, no matter a.,
which may have called for mis- arrest, i
IS follows: Section The Congress
shall have power (3) toregulase
commerce with foreign Da'i ur, smong the
several sts es and with the I6dIan tribes;
= G6) TO MAKE sill laws which
shall be necessary ard proper f2r carry
'Yg into execution 1Ge regoiag pOweT-
and all Cthor powers vested bY this
constitution in the government ol|
TN United Srstes or in any depAr1mentor
tiice there The portion Of the Law
complained Of by the applicant as V0ia
snd insisted up u by the state ss valid Is
as follows, namely; Article 1865, Jha,
mere shall be Ievied on ana co,jec 81
from every person, firm, company
or ASSOCIATION of persons pursuing
any Of the following named ucCu
yatiOnS an anuUsi tax, except wnen here
ia otherwise provided, CD every suCu &C
cupa'iOn or separate eats blishment q
follows: From every CONNIE cial tTsv
sier, drummer, salesman or solicitor
of trade, by sample or otherwia
an annual occupation tsX OF $35
payable ia advance, prOVidedgthat the tax
herein required to be paid OY such CONNER
CiaI traveller, drummer, salesman or solic
itor, shall be paid 70 the Comptroller of
Pubic Accounts, wLose receipts, under
sesl, shall be evidence OF the payment Of
such tax, aRd provided further, tbs
no county, city or town, sh&
levy or collect any occupation YAK upon
suCn commercial frsv Ter, drummer, sales
man or solicitor; provided, that nothing
herein contained shall apply 20 anyone
collecting subscri lioDs for religi u
literary or historical books or maps, or t.
persons soliciting for nurseries, newsps
pers and grave stones; provided furt'er,
bzt every commercial Jrsve,eT, drummer,
salesman or solicitor Of trade snail o.
demand of the tex collector Of Sny county
# the srste or sny peace officer of SAID
county eX0ibit to such Offi ,er the Comp
rollers receipt above mentioned Ruu
every commercial traveller, drummer,
salesman or solicitor # TRAD
who shall fail or refuse to
EXHIBIT Ssid receipt to suCh Offic T on d.
mend ~ MIN, snail ne decreeG gui ~ OF =
mjecrms&n'r sud fiaed in sum # no
~s% than $25, nor more than the sum OF
500.
II is this portion Of the stat
ate thaG the Telator Stock |
ron claims is void by reason IF beins |
obnoxious to the provisions If the U1iteC |
S atos constitution snd therefore VOID |
Fhe ssste Of Texas claims that it l. q vall0 |
"
forced, aud inst l5 IS not so vOid.
This Law imposes a tx in the first
p ace uUon all drumm-rs Wne'h
Citing SO agents f-r CT 1zeps 0, other
states in Selling their goods thtrei,
t. C teens or people of J0Is 5 rstr nv sam
- e IF such goods or not, aad hen pro
vi les penalty for not producing receip
0Owiug the payment thereof 10 ID,
G. mp Tpller wnen demanded by tie
proper officer, ard failing tn pay
-ucn foe o. o. nsl Y, be NAV ne srresteo
b, other law, b. thrown into sill An 9 Sc
r work on the county farm uutil be can
inguish the same through emf reed
i,bDr at the rates fix d by law
The obi CT of the penalty is
enforce the payment of al unlawfu
Ak, declared ia direct violation of n,
cnnstitu ion of the United ate S, and tina
falling, the penalty far It's dis"0ediencs
also fails, or in o'hr Tds, the entire
section is null and void aud the Same
being in direct violation cf the constitu
zion Of the Uaited S ates
The ststeem o, SOLDIERS and PATRIOTS
VINO cast their lives, Iher is go sacred
7nnor n and in d. tense IT nericsu
liberty and FIR he urdsrion az tret
snd representative g v-rom n f r q fr-.